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Tomorrow, the 22 November 2007, the Freedom of Expression Institute (FXI) will intervene as a friend of the Constitutional Court in the case of the Independent Newspapers v Minister of Intelligence Services. The FXI will argue that the Minister has not followed the proper procedural approach in his attempt to withhold certain documents from the public.
The documents in question concern certain undisclosed materials that form part of the Constitutional Court record in an earlier case between former NIA head Billy Masetlha and President Thabo Mbeki. The Minister of Intelligence has objected to the disclosure of the documents, saying that the materials are classified and should be withheld on grounds of national security. All over the world, the work of intelligence agencies is shrouded in mystery. Minister Kasrils has an opportunity to show that the South African intelligence services are more committed to transparency and accountability. The Minister's argument in this case indicates that he believes that once documents have been classified, such classification is final even when they form part of court records. Our contention is that once such documents are part of court records, the Minister would have to apply to court to have those court records (or the contentious parts of them) declared classified. Court records, as a rule, should be unclassified in their totality.
Our legal system has as a basis the notion that justice should not only be done but should be seen to be done; this is part of the essence of transparency. If government ministers were able to decide what parts of court records should or should not be available to the public, that notion is undermined and could be construed as an abuse of the judicial process. This is the reason that the legislation and policy document relating to classification do not refer to the exclusion of classified documents from court records. If the Minister could decide that parts of court records are classified without having to apply to the court to do so, the public's right to know and the principle of open justice will also be eroded.
The Constitutional Court's media summary and the parties' submissions on this case, including the FXI's application and heads of argument, are available at http://www.constitutionalcourt.org.za.
Readers have left 4 comments. 1. FIX THE FXI
BLACKLISTED DICTATOR, Unregistered The FXI writes:
"All over the world, the work of intelligence agencies is shrouded in mystery."
Is The FXI also suggesting that Ronno Einstein's recent state visit to Iran is also "shrouded in mystery." ?
Why did Ronno Einstein ( Minister of Intelligence) go to Iran ?
Should South Africa be closely connected to Ahmadinejad's repressive regime ? It is after all, a regime that denies women equality and imprisons those who complain.
The FXI should also try to uncover the answers to these questions.
To my mind they are "shrouded in mystery"!! 2. FIX THE FXI
BLACKLISTED DICTATOR, Unregistered Justice Albie Sachs on Thursday described the 1982 Protection of Information Act, used by the Intelligence Department to support the suppression of documents filed during axed spy boss Billy Masetlha's court battle with President Thabo Mbeki, as a "paranoid document... totally at variance with the spirit of democracy".
So Kasrils is relying on apartheid
legislation to protect his position!
Is he now "Armed and Dangerous and Totally at Variance with the Spirt of Democracy." ?? 3. FIX THE FXI
BLACKLISTED DICTATOR, Unregistered Assuming that Ronnie Kasrils is not invited by Jacob Zuma to be part of the new government, which of the following positions is he best qualified for :
(a) Hamas Minister of Intelligence ?
(b) Ahmadinejad's Foreign Secretary ?
(c) Director of The FXI ?
(d) Spokesperson for The MRN ?
(e) Executive Director of Durban II (world anti-racism etc)
(f) Special envoy to The UN Human Right's Council ?
(g) Features editor for The Mail and Guardian ?
4. BLACKLISTED DICTATOR
FIX THE FXI, Unregistered Dear Jane Duncan,
I know that The FXI is having a spot of bother with Ronno Einstein in the constitutional court. However, this shouldn't poison your relationship. This sort of thing happens every now and then. I am not suggesting that you "kiss and make-up" but you should put any squabbles over secret documents to one side. After all, the "Zionist / US jewish lobby" is still alive and kicking and it is essential that you and Mr Einstein continue to act, hand in glove, to counteract its malevolence.
In the circumstances, The FXI's board, should (assuming that Na'eem Jeenah moves to The MRN) consider Mr Einstein as a potential candidate for the position of Anti-Zionist Director of The FXI (assuming that Ronno, for some strange reason, fails to gain an appointment in Jacob Zuma's new government.)
viva etc
blacklisted etc |
